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PART IIIE+W+S TESTS OF COMPETENCE TO DRIVE

Requirements at testsE+W+S

Test vehiclesE+W+S

37.—[F1(1) Subject to [F2paragraphs (3) and (3A)], the prescribed [F3manoeuvres test, practical test] or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of [F4Table 1] at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or (except in the case of a test prescribed in respect of category [F5AM, F, G, H or K]) greater than that shown, and conforming to such description as may be set out, in relation to that category in column (2) of [F4Table 1].]

[F6(2) Subject to [F7paragraphs (3) and (3A)], the prescribed [F8manoeuvres test or] practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of [F4Table 1] at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or greater than that shown, and conforming to such description as may be set out, in relation to that sub-category in column (2) of [F4Table 1].]

[F9(2A) Where in an application for a manoeuvres test or a practical test prescribed in respect of category AM it is declared that the applicant is suffering from a relevant disability of such a nature that the applicant is unable to ride a moped with two wheels, that test shall be conducted on a specially adapted two-wheeled moped, a three-wheeled moped or a light quadricycle.]

[F10(3) Subject to paragraph (3A), where the test referred to in paragraph (1) is for a licence authorising the driving of vehicles in sub-category A1, A2 or A3 shown in column (1) of Table 1, the test must be conducted in a vehicle conforming to the description set out in relation to that sub-category in column (2) of Table 1.]

[F11(3A) Where in an application for a manoeuvres test or a practical test prescribed in respect of category A it is declared that the applicant is suffering from a relevant disability of such a nature that the applicant is unable to ride a motorcycle without side-car, the test must be conducted––

(a)in the case of the test for a licence authorising the driving of a vehicle in sub-category A1, on an A1 motor tricycle or an A1 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be), conforms to the specification in the description set out in relation to sub-category A1 in column (2) of Table 1;

(b)in the case of the test for a licence authorising the driving of a vehicle in sub-category A2, on an A2 motorcycle with sidecar where the capacity and power output of the motorcycle conforms to the specification in the description set out in relation to sub-category A2 in column (2) of Table 1; and

(c)in the case of the test for a licence authorising the driving of a vehicle in sub-category A3, on an A3 motor tricycle or an A3 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be) conforms to the specification in the description set out in relation to sub-category A3 in column (2) of Table 1 which-

(i)applies until 30th December 2018 where the test is conducted on or before that date; and

(ii)applies on and from 31st December 2018 where the test is conducted on or after that date]

(4) A person submitting himself for a [F12manoeuvres test, practical test] or unitary test shall provide a vehicle which—

(a)corresponds to the specification referred to in paragraph (1), (2) [F13, (2A)] or (3), as the case may be,

(b)is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed, and

(c)is reasonably representative of the class to which it belongs and is otherwise suitable for the purposes of the test.

(5) A person submitting himself for a practical test prescribed in respect of category B or B+E shall provide a motor vehicle which—

(a)is fitted with a front passenger seat unless it—

F14(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)has been adapted on account of a disability of the person who has submitted himself for the test and as part of that adaptation has had the front passenger seat removed,

(b)has fitted for use with the front passenger seat (or, if there is no such seat, with another seat in which the person conducting the test may conveniently sit for the purpose of the test) a properly anchored and functioning three-point seat belt, and

(c)in the case of a vehicle fitted with a front passenger seat, has fitted as an integral part of that seat a head restraint which satisfies the requirements of Council Directive 78/932/EEC F15.

F16(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(7) A person submitting himself for a practical test prescribed in respect of category B+E, C, C+E, D, or D+E shall provide a vehicle which is not carrying goods or burden other than either or both of the following—

(a)fixed items which are characteristic of the class to which it belongs;

(b)any load carried in accordance with paragraph (7A).]

[F18(7A) A person submitting himself for a practical test prescribed in respect of any of the categories or sub-categories shown in column 1 of Table 2 at the end of this regulation—

(a)may, during the period beginning with 15th August 2013 and ending with 14th November 2013, provide a vehicle which—

(i)is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii)is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed;

(b)shall, on or after 15th November 2013, provide a vehicle which—

(i)is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii)is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed.]

(8) A person submitting himself for a practical test prescribed in respect of category C, C+E, D or D+E shall provide a motor vehicle which is fitted with a seat which is firmly secured to the vehicle and in such a position that the person conducting the test may properly do so and is protected from bad weather during the test.

(9) A person submitting himself for a practical test prescribed in respect of category D or D+E shall provide a motor vehicle which is fitted with a seat which is so placed that the person conducting the test can, from the deck of the vehicle on which the driver is seated, clearly observe the road to the rear of the vehicle without the use of any optical device, unless—

(a)the construction of the vehicle makes it impossible to fulfil that requirement, or

(b)the examiner consents to the requirement not being complied with in consequence of an arrangement to conduct part of the test elsewhere than on a road.

(10) A person submitting himself for a practical test prescribed in respect of category B+E, C+E or D+E shall provide a motor vehicle which is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden.

[F19(10A) A person submitting himself for a practical test prescribed in respect of category C, C+E, D, or D+E shall provide a motor vehicle which is fitted with an anti-lock braking system and a tachograph.

(10B) A person submitting himself for a practical test prescribed in respect of category C or C+E shall provide a motor vehicle which [F20is capable of manual transmission].]

[F21(10C) A person submitting himself for a practical test prescribed in respect of category [F22C, C+E, D or D+E] shall provide a motor vehicle in which any seat which is used by the person conducting the test and any seat used by any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise, are each fitted with a properly anchored and functioning two or three-point seat belt.

(10D) A person submitting himself for a practical test prescribed in respect of category B+E, C, C+E, D or D+E shall provide a motor vehicle which is fitted with an exterior nearside mirror and an exterior offside mirror providing adequate rearward vision from the seat occupied by the person conducting the test.]

(11) In the case of a test being conducted by a person appointed in accordance with paragraph (1)(b) or (2)(b) of regulation 24, paragraphs (5)(c) and (6) shall not apply.

(12) In [F23Table 1] at the end of this regulation, “minimum test vehicle" means, in relation to any category or sub-category, a vehicle of a specification shown in relation to the category or sub-category in column (2) of [F23Table 1].

[F24Table 1]
[F25(1) Category or sub-category(2) Specification or description
[F26AM Any two-wheeled moped]
[F27A1 An A1 motorcycle without side-car, with a power rating not exceeding 11kW and a power to weight ratio not exceeding 0.1 kW/kg that is capable of an unassisted speed of at least 90 kilometres per hour on the level. If powered by an internal combustion engine, the cylinder capacity shall be at least 115 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.08 kW/kg.]
[F28A2 An A2 motorcycle without side-car, with a power rating of at least 20kW but not exceeding 35kW and a power to weight ratio not exceeding 0.2 kW/kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 395 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.15 kW/kg.]
[F29A3 Until 30th December 2018, an A3 motorcycle without side-car and a power of at least 40kW. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg.

From 31st December 2018, an A3 motorcycle without side-car with a power of at least 50kW whose unladen mass is more than 175kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg.]

BAny four-wheeled vehicle in category B capable of an unassisted speed of 100 kilometres per hour on the level.
B1Any vehicle in sub-category B1 capable of an unassisted speed of 60 kilometres per hour on the level.
B+EA combination of a minimum test vehicle for category B and a trailer having a maximum authorised mass of 1,000 kilograms, which combination is capable of an unassisted speed of 100 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
C1Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, and capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C1+EA combination of a minimum test vehicle for sub-category C1 and a trailer with a maximum authorised mass of 2,000 kilograms, which combination is at least 8 metres long and capable of an unassisted speed of 80 kilometres per hour on the level. The combination must have a maximum authorised mass of 4,000 kilograms. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
D1Any vehicle in sub-category D1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level.
D1+EA combination of a minimum test vehicle for sub-category D1 and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
CAny vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 12,000 kilograms, a length of at least 8 metres and a width of at least 2.4 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C+EEither—
 

(a)an articulated goods vehicle combination having a maximum authorised mass of 20,000 kilograms, a length of at least 14 metres and a width of at least 2.4 metres, and which is capable of an unassisted speed of 80 kilometres per hour on the level, or

 

(b)a combination of a minimum test vehicle for category C and a trailer having a length of at least 7.5 metres (each having a width of at least 2.4 metres), a maximum authorised mass of 4,000 kilograms, and which has, in aggregate, a maximum authorised mass of 20,000 kilograms and an overall length of 14 metres and which is capable of an unassisted speed of 80 kilometres per hour on the level.

 The cargo compartment of the articulated goods vehicle combination or the trailer (as the case may be) shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab or tractor vehicle.
DAny vehicle in category D having a length of at least 10 metres, a width of at least 2.4 metres, and capable of an unassisted speed of 80 kilometres per hour on the level.
D+EA combination of a minimum test vehicle for category D and a trailer of a width of at least 2.4 metres having a maximum authorised mass of 1,250 kilograms, which combination is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
FAny vehicle in category F.
GAny vehicle in category G.
HAny vehicle in category H.
KAny vehicle in category K.
F30. . .F30. . .]
[F31Table 2
Load requirements for test vehicles

(1) Category or sub-category and description of vehicle

(2) Nature and weight of load required to be carried on the vehicle or trailer or both.

B+EA training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.

C

(a) fire engine

Water or foam carried on the fire engine so that the total laden weight of the fire engine is at least 10,000kg.

C

(b) other motor vehicles

Five IBCs loaded on the motor vehicle.

C+E

(a) articulated goods vehicle combination

Eight IBCs loaded on the combination.

C+E

(b) combination of a minimum test vehicle for category C and a trailer

Five IBCs loaded on the motor vehicle and three IBCs loaded on the trailer.
C1+EA training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
D+EA training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
D1+EA training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.]

Textual Amendments

F15Council Directive of 16 October 1978 on the approximation of laws relating to the head restraints of seats of motor vehicles, OJ No. L325, 20.11.78, p. 1.

Further requirements at testsE+W+S

38.—[F32(ZA1) A person submitting to a safe road use test (“the candidate”) to be conducted by an appointed person shall be accompanied by a person who is employed by a school, college or other body which has responsibility for the candidate or that candidate’s undertaking of that test.]

(1) Subject to paragraph (2), no person shall submit himself for a theory test, [F33manoeuvres test,] practical test or unitary test unless he satisfies the residence requirement specified in section 89(1A) of the Traffic Act and where any question arises as to whether a person is normally resident in Great Britain or the United Kingdom (as the case may be) he shall be deemed to be normally resident there if he shows that he will have lived there for not less than 185 days during the period of 12 months ending on the day for which the test appointment is made.

(2) Paragraph (1) shall not apply in the case of a person who submits himself for an appropriate driving test pursuant to section 36 of the Offenders Act or for any part of such a test.

(3) A person submitting himself for a theory test shall—

(a)before the test commences—

(i)except in a case to which paragraph (7) applies, produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of a class included in the category or sub-category in respect of which the test is to be taken and a counterpart thereof,

(ii)except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), F34...

(iii)sign a record of his attendence at the test;

[F35(iia)where the test is a theory test within the meaning of regulation 3A(1)(ab), produce a valid qualification award certificate or a valid relevant qualification certificate, as appropriate; and]

(b)during the test comply with all reasonable instructions given by the invigilator for the purpose of ensuring the proper and orderly conduct of the test.

[F36(4) Subject to paragraph (4A), a person submitting to a manoeuvres test or a practical test must, before the test commences, produce to the person conducting the test—

(a)in the case of a test on a motor vehicle of a class included in any category other than category A, a valid standard theory test pass or a valid large vehicle theory test pass certificate showing that the person submitting to the test has passed the theory test prescribed in respect of the same category or a valid certificate corresponding to such a certificate furnished under the law of Northern Ireland; or

(b)in the case of a test on a motor vehicle of a class included in category A, a valid standard theory test pass certificate showing that the person submitting to the test has passed the theory test prescribed in respect of category A or category AM or a valid certificate corresponding to either such certificate furnished under the law of Northern Ireland.]

[F37(4A) Paragraph (4) does not apply in a case where—

(a)a person submitting to a manoeuvres test or a practical test is exempt from the requirement to pass a theory test by virtue of regulation 42; or

(b)by virtue of regulation 40(4) no theory test is prescribed for the class of vehicle on which a manoeuvres test or a practical test (as the case may be) is to be taken]

(5) A person submitting himself for a [F38manoeuvres test, practical test] or unitary test shall, before the test commences—

(a)produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of the class on which the test is to be taken and a counterpart thereof,

(b)except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), and

[F39(c)sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that–

(i)there is in force, in relation to the use of the vehicle provided for the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act, and

(ii)he satisfies the residence requirement as described in paragraph (1).]

[F40(5A) A person submitting himself for a theory test [F41manoeuvres test], practical test or unitary test who produces a licence which fails to satisfy the person conducting the test, after an examination or otherwise, that it is an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) must surrender the licence forthwith to the person conducting the test.]

[F42(6) For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity –

(a)from a valid passport [F43or a valid identity card issued under the Identity Cards Act 2006], or

(b)where the person conducting the test is a person to whom regulation 23(1)(b) or regulation 24(1)(b) applies, from such evidence as that person considers appropriate.]

(7) In the case of an applicant who is a full-time member of the armed forces of the Crown (to whom the provisions of regulation 11(1) do not apply), he shall before the commencement of a theory test or, as the case may be, a [F44manoeuvres test, practical test] or unitary test prescribed in respect of a category specified in column (1) of the table at the end of regulation 11 satisfy the examiner that he has passed the test prescribed in respect of the category specified in column (2) of the table in relation to the first category.

(8) A person submitting himself for a [F45manoeuvres test or] practical test for a licence authorising the driving of a motor vehicle of a class included in category [F46AM or A] shall before the test commences, unless he is exempt from the requirement imposed by section 89(2A) of the Traffic Act, produce to the examiner a valid certificate furnished under regulation 68(1).

[F47(8A) Subject to paragraph (8B), before commencement of a practical test in relation to a vehicle of a class included in category [F46AM or A] the person submitting to the test shall produce to the person conducting the test a module 1 pass certificate which—

(a)is valid;

(b)is in respect of the same category or sub-category of vehicle as that in which the practical test is to be taken; and

(c)save in a case where sub-paragraph (a) of paragraph (4) applies, records as the date of the theory test the same date as is recorded for that test in the valid standard theory test pass certificate which is produced in accordance with that paragraph.

(8B) In the case of a person who is exempt from the requirement to pass a theory test by virtue of regulation 42(1), the certificate produced in accordance with paragraph (8A) shall be dated no earlier than six months before the date on which it is produced.]

(9) A person submitting himself for a [F48manoeuvres test, practical test] or a unitary test shall, during the test—

(a)except where the test is for a licence authorising him to drive a motor vehicle of a class included in [F49category AM, A, G, H or K], allow to travel in the vehicle—

(i)the person authorised to conduct the test; and

(ii)any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise;

(b)where the test is for a licence authorising him to drive a motor vehicle of a class included in [F49category AM, A, G, H or K], allow the attendance of—

(i)the person authorised to conduct the test; and

(ii)any person authorised by the Secretary of State for the purpose of supervising the test or otherwise.

(10) In this regulation and regulation 39—

Textual Amendments

Examiner’s right to refuse to conduct testE+W+S

39.—[F50(ZA1) An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.]

(1) Subject to paragraphs (2) and (3), where a person submitting himself for—

(a)a theory test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 38(3), or

(b)a practical [F51test (other than in relation to [F52a two-wheeled vehicle] of a class included in category [F52AM or A])] or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by paragraphs (4) to (10) of regulation 37 or by paragraph (4), (5) [F53or (7)] of regulation 38,

the person authorised to conduct the test must refuse to do so.

[F54(1A) Subject to paragraphs (2) and (3), the person authorised to conduct a test in relation to [F55a two-wheeled vehicle] of a class included in category [F55AM or A] must refuse to do so where—

(a)a person submitting to a manoeuvres test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7) or (8) of regulation 38 or by paragraph (1A)(a) of regulation 40A has been complied with; or

(b)a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.]

(2) Where a person—

(a)fails to produce an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) of regulation 38, or

(b)where he has submitted himself for a [F56manoeuvres test, practical test] or unitary test, fails to produce a document required to be produced [F57in accordance with paragraph (4), (8), (8A) or (8B)] of that regulation,

if the person authorised to conduct the test—

(i)is satisfied from other evidence that the document in question exists, and

(ii)in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 38(3)(a)(ii) or (5)(b) have been complied with,

he may conduct the test.

(3) Where a person with special needs has failed to give to the person conducting a theory test such notice of those needs (being not less than 15 working days) as he may reasonably require the person authorised to conduct the test may refuse to do so.

(4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who—

(a)is not approved by the Secretary of State to act as such, or

(b)appears to be acquainted with the test candidate,

the person authorised to conduct the test must refuse to do so.

(5) In this regulation, “special needs" means a reasonable requirement for special treatment during the test arising by virtue of—

(a)the test not being available in a language which the test candidate understands,

(b)the test candidate having reading difficulties, or

(c)the test candidate being physically disabled.

Textual Amendments